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Realtor Fees Held back When Buying Spouse out?

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  • Realtor Fees Held back When Buying Spouse out?

    Hi Everyone,
    I have seen this referenced in several places and my STBX's lawyer is adament that there should not be any amount deducted for Realtor's fees in a private transaction.

    My argument is that it is a future debt against the house (when I do eventually sell it) and it should be recognized. I have discounted our pensions with the appropriate tax burden and see this no differently.

    Any experience with this / Advice?

  • #2
    I share Herewego's understanding that realtor fees can be held back when buying out spouse.

    Comment


    • #3
      There are no set rules on including notional closing costs when determining equity on a buyout -- it is negotiable. But, from what I understand, it seems to be the usual practice.

      Are there any other areas you are addressing in your agreement that you could benefit from, if you agreed to waive these costs? At a certain point, your ex will be paying more in legal fees that a 2.0 or 2.5% commission to argue the point - as would you.
      Start a discussion, not a fire. Post with kindness.

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      • #4
        Thank you all.

        THe agreement is pretty clean - debt free but for the mortgage so I do not want to mess that up and do not want to be petty. it is entirely possible that I will have to sell at the end of one year so I do think I need something captured. I will offer at 4%, that seems fair.

        Comment

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